HomeMy WebLinkAboutResolution No. 343-08 is i •< t y7 e, Y.
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Terry Lee Campbell & Gail C. Kinsey, the owners of the property described
as Lot 1, Block 1, Cascade Manor Subdivision, and Eric J. & Melissa A. Eggler, the owners of
the property described as Lot 12 except the east two feet thereof, block 1, Louisa Reiters
iWddition, collectively referred to as "Owners," to allow for the existing fence constructed across
the right-of-way of 12th Avenue N.W., that lies between the Owners' respective properties
parallel and adjacent to the south line of Outlot 1, Cascade Manor Subdivision, to remain in the
road right-of-way.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will maintain the fencing at their own expense. Permittee will also be
responsible for the cost to remove and reinstall the fencing, as well as any
damages to public facilities. Permittee understands that the City will not be liable
for any damage to the fencing due to snow removal operations, whether performed
by the City, Permittee or contractors hired by Permittee, in the right-of-way or snow
that may be deposited in the 12th Avenue N.W., right-of-way during snow removal
operations.
2. Permittee will pay $112.12 to the City for document preparation and recording;
3. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
4. Permittee must hold the City harmless, by insurance coverage or by agreement,
and must defend and indemnify the City for any and all damages resulting from its
use of the City's property and rights-of-way;
5. Permittee must execute any document required by the City Attorney's Office prior
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6. Permittee must remove the encroachment from the City's property at its own cost
should the City make such a request. Should the City remove the encroachment,
Permittee shall reimburse the City for any costs the City incurs;
7. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove the encroachment from the
City's property; and
8. This permit may not be assigned without the City's approval.
The Mayor and the City Clerk are authorized and directed to execute the revocable
permit, subject to the above conditions, on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF CAtY , 2008.
PRESIDENT OF SAID COMMON COUNCIL
e��4
ATTEST:
CITY CLERK
APPROVED THIS DAY OF ��y , 2008.
MAYOR OF SAID CITY
(Sea[ of the City of
Rochester, Minnesota)
Res05\RevPermit\78
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